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Dro Advice?

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Jaina Bledsoe

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Hey gang,

So I received notification that my DRO hearing is 24 April. I have been compiling records in chronoligical order and am nearly finished. Was planning on doing a timeline format for the hearing officer, showing supporting evidence, statements, topic research along the way.

Do you all have any tried and true advice to give about this? I REALLY don't know what I will do if I have to wait 2 years for a BVA hearing if this fails. Also, I won't have my outside provider IMO even started until 1 May. Is this going to create a problem? My DAV rep says I should be able to defer the decision up to 180 days if I request it and show that supporting evidence is on it's way

When all the World seems to be against you, that's when you learn that fighting back is your only option

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the DRO hearing was mostly and basically verbal. ANd the DRO can ask that asdditional records be sent after the DRO hearing, so, if and when your representative and you have the time, you can go through and submit aby additional records after the dro hearing, If any more records need to be submitted after teh DRO hearing, it can be latert eh same day or a couple weeks later.. so, it really isn't the venue to dump more record sont hem, it is the venue to let them know verbally, what ahppened, and when, and if you produce records, summaries with full records to follow.

The DRO seems to want records witht he main subjects and outline, instead of deep long records. They say if they want in depth, they will ask for more or wil order more. YOu are goingpot the hearing to lay out the case.

You would think they would have listened when you first filed, but they al buit ignore evidence and you nave to wait a coupl eyears before you repesent your case.

So, the recors you bring wil be there to back up your 'new evidence' for your DRO hearing, I think the DRO hearing is predicated an based on the fact you have new probative edivdence that hasd not been given, to the VA up until the hearing, and bring new facts to bolster and firm your calim.

YOu may not even need it, a verbal night work, but if you have anything new to add bring it, and not sure if you have a representative to help you put things in proper order for filing and presenting..

I personaly think it feel s like a trial, like you did soemthing and you are trying ot prove you are innocent,, I know that is wrong, but it dure feels that way. they try to make youi comforatable and at ease, but you feel as is they wil use anything against you, and myself, I am unable to think clearly being very sick, plug heavy meds, so it helps to have a thrird party let you know if you are doing good or not as ypou go through the hearing.. even with boxes of evidece I only needed an hour... My main problem was theynever read al my evidence.. or else there would b eno need for a dro hearing,,,

MY DRO hearing was in 2010, and i am still awaiting my decisions, plus my Form 9 was fillied out even beofre the dro hearing to make sure all rejected claims proceed to the BVA..

It feel ike a trial, but you may find it better or worse.. I find it hell being very sick it's very hard for me..

I feel the people have to no clue it's like to be sick for 30 years and dying...

some perople just go for problems they can live with,, my health problems are killing me, so t he longer they dick with me the lcoser I get to dying before they finsish,,, yet they just take forever..

I had to show them I was treated for the health issues on active duty and they were clearly in my medical records and the doctors clearly stated that I was never to work in certian ocnfditions, eyt my command contued to force me to work int he condtions I was mediclaly removed from, yet the VA claims peopl completely ifgnored my service medical records, all VA hospital records, all civilian medical records, my Indepopendaent medical opinion, and more, and I had to tell them they ignored it all... my wife appearded and so did my veterans service officer...

one month after the dro hearing I reciceived an 'SOC',,, statement of case. on adio tape and printouts.. the audio makes people sound stupid with parts says uninstelligable.. my diseases left me with no teeth so at time maybe they could not clearly understand..

so, now the years tick by as I die... waiting for closure..

I hope your dro goes well...

I have no idea what your issues are,, but make lists and get infor form others on what might help and it's better to have to much info for your case, than to little info..

IMHO

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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So I received notification that my DRO hearing is 24 April.

Do you all have any tried and true advice to give about this?

Get a clear understanding of what are the EXACT issues for consideration.

Get a clear understanding of what were the EXACT reasons for denial (or low % or effective date).

Have the EXACT evidence required to over come the denial, to submit to the DRO.

I REALLY don't know what I will do if I have to wait 2 years for a BVA hearing if this fails.

To my knowledge it is currently taking a bit longer than 2 yrs to get BVA Hearings scheduled.

Even after a claimant finally has a BVA Hearing, there is still another couple of years waiting for the

results, especially if issues are remanded.

IMO - upon filing a form 9 at your VARO, my speculative but educated guess for resolve is

anywhere from 4-6 years, if not more - on average.

JMHO

Editing to add :

You might want to go to the following link, scroll down to Chapter 5 - Appeals -

and study all sections - especially DRO and BVA info.

http://www.benefits.va.gov/warms/M21_1MR1.asp

Carlie passed away in November 2015 she is missed.

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  • HadIt.com Elder

Cartlie gave you great advice. The DRO Hearing is informal but you do have to swear to tell the truth. I believe that you should take one or two witnesses that don't mind telling VA how you have been affected and how you are different if you can. They really are pretty nice at the Hearing and usually will try and help you.

Be sure and take your VSO with you they can pretty much give boiler plate but you still have the opportunity to present your case.

Good Luck

Veterans deserve real choice for their health care.

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Retiredat,

What I am "defending" is my service record up to the date of an assault. 3 physicals (one a class 1 flight) stated everything was fine, but once I filed at the VA it became "Personality disorder pre-existing service".

When all the World seems to be against you, that's when you learn that fighting back is your only option

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Cartlie gave you great advice. The DRO Hearing is informal but you do have to swear to tell the truth. I believe that you should take one or two witnesses that don't mind telling VA how you have been affected and how you are different if you can. They really are pretty nice at the Hearing and usually will try and help you.

Be sure and take your VSO with you they can pretty much give boiler plate but you still have the opportunity to present your case.

Good Luck

My friend who is a caregiver by trade has agreed to accompany me there. She has helped me through the last 2 years of this and was at the original IMO C+P exam with me (in the room). She will attest to the brevity and focus of the interview. It never seemed to proceed beyond my childhood history and very little was asked (or annotated - 2 sentences on a 5 page report) about the assault in '96.

These guys have me scared. Seems that every time I have sent supporting evidence it is only picked apart or misrepresented to support their position. I fear even speaking about it any more. I try not to even discuss it in therapy either, unless it is at the Vet Center. There I have made it clear that the records are not to be released to the VA. that is where I get my true therapy

When all the World seems to be against you, that's when you learn that fighting back is your only option

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  • HadIt.com Elder

Now its your chance to put a face on your claim and I bet it will go well. Good to take a supportive person with you.

I have my fingers crossed and thinking good thoughts.

Good Luck

Veterans deserve real choice for their health care.

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